Sandro Sardi v Central Coast Council [2021] NSWLEC 1238

Land and Environment Court New South Wales

Medium Neutral Citation: Sandro Sardi v Central Coast Council [2021] NSWLEC 1238 Hearing dates: Conciliation conference on 19 April 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documents contained at Annexure "A" to this Agreement. (2) The Applicant is granted leave to amend the description of the development application provided in its development application form for Development Application 53997/2018 lodged 16 March 2018 as follows: "Residential subdivision of 1 lot into 9 lots at 17-25 Fountains Road, Narara, NSW (Lot 1 DP 313904), including approval for the use of fill that was placed on the land without prior approval between 27 September 2017 and 24 July 2020." (3) The appeal is upheld. (4) Development Application 53997/2018 for the residential subdivision of one (1) lot into nine (9) lots at 17-25 Fountains Road, Narara, NSW (Lot 1 in DP 313904) and the use of fill that was placed on the land without prior approval between 27 September 2017 and 24 July 2020 (to the extent that use of this fill is authorised by the conditions of consent and the approved Remediation Action Plan prepared by EP Risk, dated 23 March 2021) is approved subject to the conditions set out in Annexure "B" to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Gosford Local Environmental Plan 2014, ss 2.3, 2.6 7.1, 7.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55 -Remediation of Land, cll 7(1), 17, 18 Texts Cited: Gosford Development Control Plan 2013 Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (December 2020) NSW Acid Sulfate Soils Advisory Committee, New South Wales Acid Sulfate Soils Manual, 1998 Category: Principal judgment Parties: Sandro Sardi (Applicant) Central Coast Council (Respondent) Representation: Counsel: D Tyrrell (Solicitor) (Applicant) H Irish (Respondent)